Chicago & Northwestern Railway Co. v. Simon
Appellate Court of Illinois
Memorandum.—Assumpsit. Appeal from the',Superior Court of Cook County; the Hon. Jonas Hutchinson, Judge, presiding. Submitted at the October term of this court, 1894, and affirmed.
1Opinion of the CourtJustice Gary
A business man may well be ignorant of what places a particular railroad may extend to, but if he makes a contract with a railway, which contract contains provisions relating to the liability the railway assumes as to places not on its line, he must take notice whether the place, material in his contract, is on or off the line of that railway. Contracts necessarily assume knowledge by the contracting parties of the subject-matter of the contracts. And when one acts by an agent, knowledge by the agent in the matter in which he acts, is knowledge of, or notice to, the principal.
In this case the…
2Cases cited4 opinions
- Illinois Central Railroad v. FrankenbergIllinois Supreme Court · 1870
- Chicago & Northwestern Railway Co. v. ChapmanIllinois Supreme Court · 1890
- Wabash, St. Louis & Pacific Railway Co. v. JaggermanIllinois Supreme Court · 1886
- Chicago & North Western Railroad v. ChurchAppellate Court of Illinois · 1882
3Cited by1 opinion
- Illinois Central Railroad v. CarterAppellate Court of Illinois · 1896